Video: Rejecting Detainers, Endangering Communities

Washington, D.C. (July 16, 2015) - The video and transcript are now available for the Center for Immigration Studies’ panel discussion focused on the Center’s recent report on sanctuary cities. Based on ICE records obtained in a FOIA request, the report highlights state and local detainer non-compliance, which resulted in the release of more than 8,000 criminal alien offenders sought by ICE for deportation in 276 jurisdictions around the country over an eight-month period.

In his introductory remarks, Rep. Lou Barletta (R-PA) said his “crusade against sanctuary cities” began when he was a mayor and a young father of three was killed by an illegal alien who had been arrested six times and who “would not have been in the country, if it had not been for a sanctuary city not enforcing the law.” The congressman pointed out that mayors who are not enforcing the law are creating safe havens for illegal aliens to take the lives of others, like Kate Steinle . . . “ Barletta has re-introduced his 2011 bill, Mobilizing Against Sanctuary Cities Act (H.R. 3002), which stops federal funds to sanctuary jurisdictions.

Jessica Vaughan, CIS director of policy studies and author of the report, spoke about the over 8,000 criminal aliens who were not handed over to ICE saying, “Within just an eight-month period of this report, already about one-fourth of them had reoffended.” Vaughan emphasized that these were all preventable crimes and that “This is not mainstream law enforcement practice in any way, shape or form. They [sanctuary policies] are usually imposed by elected officials in these places.”

Panelist Dan Cadman, a fellow at the Center and a retired INS / ICE official with thirty years of government experience, emphasized that state and local sanctuary governments are “harboring and shielding” criminal illegal aliens . . . “ The language is important as Title 8 of the U.S. Code, Section 1324 “makes it a felony to smuggle or transport or harbor or shield from detection aliens who are illegally in the United States;” state and local officials are clearly liable.

Some mayors, including the mayor in San Francisco, have said that they are not sanctuary jurisdictions; they argue that ICE must simply get a warrant if they want a criminal illegal immigrant. But Cadman point out that “If immigration agents were obliged to obtain judicial warrants or court orders for every one of the 11-plus million illegal aliens presently in the country, the federal court system would be crushed into paralysis. Congress recognized that, and instead has provided alternate means of establishing due process and probable cause.”

Charles “Chuck” Jenkins from Frederick County, Maryland , who has 25 years of law enforcement experience, spoke of the success of the county’s successful 287(g) partnership program, which has resulted in detainers being placed on 1,355 criminal illegal aliens in Frederick County . Included amongst these individuals was “43 validated transnational criminal gang members, 30 additional suspected gang members. Among those – 14 of those had specialized training in military sniper, commando, knife fighting and martial arts…” also included were “… aggravated assault, rape and sex offenses, assault on law enforcement, domestic violence, drug trafficking, burglary, theft and child abuse.”

“This is all about public safety, national security, and the rule of law in the United States of America,” said the sheriff. “ . . . Not to honor those detainers knowingly and releasing these people back onto our streets is I think a dereliction of duty, I think it’s wrong, and it jeopardizes the safety of our citizens.

The Center for Immigration Studies is an independent, non-partisan, non-profit research organization founded in 1985. It is the nation's only think tank devoted exclusively to research and policy analysis of the economic, social, demographic, fiscal, and other impacts of immigration on the United States.